SUDHIR CH BISWAS Vs. STATE

JUDGEMENT

(1.) Convicted of two offences, - one under S.302, I.P.C. for murdering his wife (Kalidasi) with a dagger and another under S.324, I.P.C. for causing hurt to his mother-in-law with the same self dagger and sentenced to R.I. for life and also to a fine of Rs. 1000/- for the first offence and to R.I. for one year for the second offence, the accused Sudhir Ch. Biswas has come up in appeal before us. Sudhir Ch. Biswas is in jail now. Briefly put the prosecution case as against him stood as follows : -

(2.) The village Berkamgachi and the village Birnagar are situate side by side within the P. S. Ranaghat in Nadia district. On 24-12-80 Smt. Gauridasi (P.W.10) mother-in-law of the accused Sudhir was coming to her own village Birnagar via Berkamgachi being accompanied by her daughter Kalidasi Biswas and her son-in-law Sudhir himself. It would be at about 4.30 p.m. then. While they were passing through the way near Berkamgachi Deep Tube Well No. 73, the accused Sudhir began to assault Gauridasi, his mother-in-law and gave her several strokes. Kalidasi her daughter tried to intervene but in doing so she too was severely dealt with by the dagger so much so that she fell down on the ground. A little girl Rekharani Kirtaniya (P.W. 3) was standing aside. She raised hue and cry and hearing her cries neighbouring people flocked to the place. The incident was thus witnessed by several local people. Rekharani's father Nimai Kirtaniya (P.W. 4) was one of them. P.W. 5 Nimai Mondal was in his house. Hearing the hue and cry he ran to the spot and found the two injured women lying over there as also the accused person with his blood stained wearing apparels. Sachin Mondal (P.W. 7) another villager, similarly being attracted by the hue and cry came up to the spot. He saw the dagger lying on the ground and the accused Sudhir standing over there. P.W. 2 Santosh Modak another resident of Berkamgachi was sitting then within a local shop. Hearing cries he rushed to the spot. He saw Sudhir stabbing his wife. P.W. 1 Budheswar Biswas similarly could see the accused Sudhir standing with a blood stained dagger with him. Sudhir was red-handed caught by the local inhabitants. The two injured women were lying on the ground with blood injuries.

(3.) The last named witness P.W. 1 Budheswar Biswas who was a local man picked up the injured Kalidasi wife of Sudhir and took her to Ranaghat hospital where however the lady breathed her last soonafter. The mother-in-law was also taken to that hospital. Both the injured were examined by the M.O. P.W. 11 Dr. K.P. Biswas. The mother-in-law however survived. Four hours after the incident one Kalipada Pal a local resident ran up to the police station Ranaghat and gave a written ejahar adumbrating all necessary details connected with the incident. The written complaint was subsequently treated as F.I.R. and marked Ext. 3. On the self-same night the I.O. S.I. Ruhidas Biswas (P.W. 13) came to the P. O., prepared a rough sketch map (Ext. 4) and examined several witnesses recording their statements under S.161, Cr.P.C. At the P.O., near the Deep Tube Well No. 73, he seized the blood stained dagger, some control earth and blood stained earth under seizure list 1/1. On the next day. i.e. on 25-12-80 he seized the blood stained yellow terilene shirt which was worn by Sudhir under seizure list Ext. 2/1. He took the accused in police custody. On 25-12-80 he went to the local Ranaghat hospital and sent the dead body of Kalidasi for post-mortem examination. P.W.14 S.I. B.L. Roy Choudhury took up the investigation of the case from the hands of Ruhidas Biswas. He recorded the statements of several witnesses under S.161, Cr.P.C. including the statement of mother-in-law Gauridasi. He sent the seized articles for forensic report through the S.D.J.M. Ranaghat on 17-4-81. Charge sheet of the case was submitted on 21-4-83 by the subsequent Police Officer Sri Shyamal Samadar (P.W.15), Sri Samadar collected post-mortem report as also the forensic report in due course of investigation of the case. Thereafter in due course Sudhir was committed to the Court of Session.